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(영문) 서울중앙지방법원 2015.05.21 2013가합555065
추심금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay the amount of KRW 498,854,924 as well as the amount from October 24, 2010 to the date of full payment.

Reasons

1. Basic facts

A. From June 8, 2010, Defendant B, Defendant A (hereinafter “A”), from February 22, 2013 to February 22, 2013, is a person who is engaged in freight forwarding arrangement business, combined transportation arrangement business, international cargo brokerage business, etc., and Nonparty C (hereinafter “C”) is a person who engages in multiple transportation arrangement business, transportation arrangement business, etc., and the Plaintiff is an international railroad transportation agent business, freight trucking business, and combined freight forwarding business.

B. The Defendants, C, and international cargo transportation involved by the Plaintiff are entrusted to C with the purchase and transportation of used cars or farming apparatus from the ordering person of the Central Asia or KIKOan, and C re-entrusted the transportation to the Plaintiff, thereby transporting the goods to the destination of the Central Asia.

C. Upon C’s failure to pay transport charges to the Plaintiff, the Plaintiff filed an application for a payment order against Nonparty D, who was the representative director and the guarantor of C and C, and on July 23, 2013, the Plaintiff received the payment order with the purport that “C and D jointly and severally pay to the Plaintiff KRW 997,277,427, and KRW 5% per annum from the date on which the original copy of the payment order was served, and KRW 20% per annum from the next day to the date of full payment,” and the above decision was finalized around that time.

Defendant A had an obligation to pay USD 306,174.73, USD 900,00, and each of them at a rate of 20% per annum from October 1, 2013 to the date of full payment, and Defendant B had a joint and several obligation.

In addition, Defendant B had a transportation obligation at the rate of 20% per annum from August 24, 2013 for USD 284,516.6 and USD 50,000 among them, and from September 1, 2013 to the date of full payment for USD 234,516.6, and Defendant A guaranteed the obligation.

E. The Plaintiff was based on the payment order decision against C on October 18, 2013.

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